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KIRK ALBERTSON v. EDWARD SCHERL

Torts — Malicious prosecution — Probable cause to support charges

Appellant, Kirk Albertson, filed a complaint in the Circuit Court for Talbot County, Maryland, alleging four counts of malicious prosecution against appellee, Edward Scherl, in relation to criminal charges against Albertson, the subject of which we considered in our reported opinion, Albertson v. State, 212 Md. App. 531, cert. denied, 435 Md. 267 (2013). In lieu of an answer, Scherl filed a Motion for Dismissal and/or for Summary Judgment, citing Maryland Rules 2-322(b) and 2-501, contending that one of the four required elements of a malicious prosecution claim was not satisfied because the complaint failed to state that the prior criminal case terminated in Albertson’s favor. After both parties filed additional pleadings on the Motion for Dismissal and/or for Summary Judgment, the circuit court issued a Memorandum Opinion and Order, granting Scherl’s motion, albeit on different grounds than were asserted in the original pleadings.

The circuit court concluded that, whereas Albertson failed to show a lack of probable cause to support the original criminal charges, which is also a required element of a malicious prosecution claim, Scherl’s Motion for Dismissal and/or for Summary Judgment would be granted, with judgment entered in favor of Scherl. After Albertson’s Motion to Reconsider this order was denied by the circuit court, Albertson filed a timely appeal to this Court.

Read the opinion here: